HomeMy WebLinkAboutPC Res 1325 - 1984-05-16
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RESOLUTION NUMBER 1325
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
DENYING VARIANCE APPLICATION 6-84, A REQUEST
TO ALLOW A MAJOR TWO-STORY ADDITION TO A LEGAL
NON-CONFORMING PROPERTY WITHOUT PROVIDING THE
REQUIRED PARKING (328 12TH STREET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS, an application was duly filed by Gregory M. Shaffer,
328 12th Street, #3, Seal Beach, CA 90740; and
WHEREAS, the property is described as, Lot 28 of Block 212 of
the Bayview Tract, as per map recorded in Book 8,
Page 91 of Miscellaneous Maps, of the Orange County
Recorder; and
WHEREAS, the proposal is for a major two-story addition to a
legal non-conforming property without providing the
required parking; and
WHEREAS, the subject property contains approximately 2,938 square
feet and is located on the east side of 12th Street
approximately 105 feet south of the centerline of Landing
Avenue (328 12th Street); and
WHEREAS, the subject property has approximately 25 feet of
frontage on 12th Street and a depth of 117.50 feet; and
WHEREAS, the subject prior to the subject construction contained
a legal non-conforming triplex without covered parking; and
WHEREAS, surrounding land use and zoning are as follows:
North - conforming one story, single family residence
East - legal nonconforming two-story duplex
South - legal nonconforming one story triplex
West - conforming one story, single family residence
All in the R-3 (High Density Residential) zone; and
WHEREAS, 12th Street is a principal street developed to its ultimate
master planned width of 60 feet; and
WHEREAS, on October 21, 1983, the applicant applied for and received
a Building Permit for a ~room addition, laundry _
room modification, garage addition (braced for two-story),
380 square foot garage, 90 square foot of living area". The
use of the property is noted as "residential" on the permit.
The Chief Building Official and one of the inspectors has
stated that the Chief Building Official asked the applicant
"ls this a single family residence?" The applicant
responded, "Yes". Upon this information, the Building
Official approved the plans; and
WHEREAS, on October 21, 1983 the City was without the services of a
Planning Department. It is operational procedure for the
Building Department to route building permit applications to
the Planning Department for review. Since the Planning
Department is organizationally responsible for review of
building permit applications as to the property's conforming/
nonconforming status. Since there was no Planning Department
staff, there was no review by the Planning Department; and
WHEREAS, on February 24, 1984, the Building Department did a foundation
inspection; and
WHEREAS, on February 27, 1984, the contractor applied for and over the
counter received a building permit for an "addition .
of second story bedroom and bath, supplement to garage permit".
The use of the property is noted as "SFD" (single family
dwelling) on the permit; and
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May 10, 1984
RESOLUTION 1325
Page 2
WHEREAS, on March 7, 1984, the Building Department_did a_roof _
sheeting_inspection; and
WHEREAS, on March 22, 1984, the Principal Planner was informed of
the construction of the nonconforming status of the property.
A few hours after inspection, a "Stop Work Notice" was
placed on the construction of an addition to a nonconforming
property in violation of Section 28-804 and 28-2407 of the
Seal Beach Municipal Code; and
WHEREAS, on March 28, 1984, a Variance Application was made by Gregory
Shaffer requesting approval of the partially constructed
"addition of a garage and bedroom to a nonconforming building"
without providing the required parking; and
WHEREAS, specifically, the applicant requested the following:
Lot Dimension:
Lot Size:
Proposed Addition Height:
Proposed Addition Width:
Proposed Addition Length:
Number of Units:
Parking: 2 car garage off
Existing Triplex Size:
25 I X117. 50 I
2,938 sq. ft.
19 ft.
19 ft.
28 ft.
3 (code 1 unit)
alley (code requires 6-car garage)
1,350:!: sq. ft.
First Floor
Garage
Laundr::y
Front Room
386 sq. ft.
43 sq. ft.
103 sq. ft.
Second Floor
Bedroom & Bath 532 sq. ft.
Total proposed sq. ft. addition: 1,064 sq. ft. (79% increase of
square footage); and
WHEREAS, on May 2, 1984 the Planning Commission held a public hearing
on Variance 6-84; and
WHEREAS, the Planning Commission makes the following findings regarding
the Variance:
1. the proposal violates the intent of Section 28-804 and 28-2407
of the Municipal Code.
2. that no special circumstances are applicable to the property
that deprives such property of the privileges enjoyed by other
properties in the same vicinity and zone.
3. that the neighborhood presently has a significant parking
problem.
4. that the proposal as designed could easily be converted into
an additional rental unit.
5. that granting of this Variance would constitute a grant of
"Special Privilege" inconsistent with other limitations upon
other properties in the same vicinity and zone.
6. that legal grounds for approval of a ~ariance under Section
65906 of the California Government Code do not exist for this
application.
7. that the proposed major addition is not within the scope of
the Planning Commission Policy Statement "A", Resolution No.
1268 allowing minor modifications to nonconforming properties.
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May 10, 1984
RESOLUTION 1325
Page 3
<ill
9.
that granting of this Variance could set a precedent for
future applications of this type.
that the applicant and his contracter misrepresented the
status of the property.
that the applicant was and is employed professionally as
a "city planner" and should have at all times been aware
of the appropriate requirements in his permit application.
8.
10.
NOW. THEREFORE BE IT RESOLVED that the Planning Commission does hereby
deny Variance 6-84.
PASSED, APPROVED AND ADOPTED by the Planning C0mmission of the City of
Seal Beach at a meeting thereof held on the 16th day of
May , 1984 by the following vote:
AYES:
NOES:
ABSENT:
Commissioners
Covington, Hunt, Jessner
Commissioners
None
Commissioners
Perrin, Goldenberg